Traywann Holloway, Appellant v. The State of Texas, State (2015)

MEMORANDUM OPINION 1

Appellant Traywann Holloway attempts to appeal his conviction and twelve-year sentence for possessing and intending to deliver between four and two hundred grams of cocaine.   We dismiss the appeal.

Pursuant to a plea bargain agreement, appellant pled guilty to possessing while intending to deliver between four and two hundred grams of cocaine.   While doing so, he waived certain constitutional and statutory rights and judicially confessed that he had committed all acts alleged in his indictment.   The trial court convicted appellant and sentenced him to twelve years' confinement.   On the same day that the court imposed the sentence, it signed a certification of appellant's right to appeal that stated that this is a “plea-bargain case, and [appellant] has NO right of appeal.”   See Tex. R. App. P. 25.2(a)(2).   Appellant and his counsel also signed the certification.   Nonetheless, appellant filed a notice of appeal.

We sent a letter to appellant that explained the contents of the certification and stated that unless he filed a response showing grounds for continuing the appeal, we could dismiss it.   See Tex. R. App. P. 44.3.   Appellant filed a response, but it does not show adequate grounds for continuing the appeal.   In accordance with the trial court's certification, we dismiss the appeal.   See Tex. R. App. P. 25.2(a)(2), (d), 43.2(f);  Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006).

FOOTNOTES

1.   See Tex. R. App. P. 47.4.

PER CURIAM